PART 10. Enforcement

• Author: International Criminal Court
• Pages: 72-75

72

Rome Statute of the International Criminal Court

PART 10.

ENFORCEMENT

Article 103

Role of States in enforcement of sentences of imprisonment

1. (a) A sentence of imprisonment shall be served in a State designated by the Court

from a list of States which have indicated to the Court their willingness to

accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may

attach conditions to its acceptance as agreed by the Court and in accordance

with this Part.

(c) A State designated in a particular case shall promptly inform the Court

whether it accepts the Court’s designation.

2. (a) The State of enforcement shall notify the Court of any circumstances, including

the exercise of any conditions agreed under paragraph 1, which could

materially affect the terms or extent of the imprisonment. The Court shall be

given at least 45 days’ notice of any such known or foreseeable circumstances.

During this period, the State of enforcement shall take no action that might

prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in

subparagraph (a), it shall notify the State of enforcement and proceed in

accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall

take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing

sentences of imprisonment, in accordance with principles of equitable

distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing

the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person

sentenced, or the effective enforcement of the sentence, as may be appropriate

in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be

served in a prison facility made available by the host State, in accordance with the

conditions set out in the headquarters agreement referred to in article 3, paragraph 2.

In such a case, the costs arising out of the enforcement of a sentence of imprisonment

shall be borne by the Court.